NY 865319

AUG 05 1991


CLA-2-90:S:N:N1:114 865319

TARIFF NOS.: 9015.40.8000, 9015.90.0040, 9017.20.8040

Ms. Elizabeth Moore
Gregory Geoscience Limited
1794 Courtwood Crescent
Ottawa, Canada K2C 2B5

RE: The tariff classification of the Procom-2 and Modules from Canada

Dear Ms. Moore:

In your letter dated July 3, 1991 you requested a tariff classification ruling. The Procom-2 instrument consists of a light source which is a projector from which the optical lenses have been removed; an image carrier which holds film, a photograph, or a satellite image; a photographic lens and a mirror; a frame and work surface; a cooling fan; and a control box. You indicate that the Procom-2 is an enhanced projector used for mapping.

The Procom-2 uses lenses to magnify and project an image onto a mirror and then onto the work surface. This produces magnifications of the image of 3X to 72X and also allows the projected image to be matched and registered to a working map on the work surface, regardless of the original scale. The design of the Procom-2 allows up to four or five interpreters to simultaneously examine a projected image. The Procom-2 can also be adjusted to project the image onto a wall or screen for viewing by larger groups. It is designed to enlarge a wide variety of transparent data including LANDSAT MSS and TM, NOAA, Large Format Camera and Metric Camera space photos, low, medium, and high altitude air photos, 37 and 70 mm slides, etc.

The instrument is used as an aid in mapping. The types of mapping involved are forest cut/depletion/fire mapping, land use/land cover mapping, agricultural crop identification mapping, geological feature mapping, and topographical mapping (new roads, hydro lines, flooding, etc.), among other uses. You indicate that the basic Procom-2 instrument is usually purchased alone.

The Procom-2 is sold as a basic instrument. Modules for the Procom-2 are sold separately. The Stereo Change Detection Module (SCD Module) is an optional add-on unit for the Procom-2. You indicate that the Stereo Change Detection Module operates in much the same way as the Procom-2. Its function is to project a second image which can be registered to that projected by the Procom-2.

The Roll Film Scan Module (RFS Module) adapts the Procom-2 for roll film of any size from 35mm film to 230mm film, including radar and thermal IR data. The Roll Film Scan Module consists of two specially designed brackets which hold a set of film rolls onto the Procom-2. These holders are designed to hold roll film so that it can be viewed as it is wound from one spool to the other.

The Digitizing Module, OEM Model HS-241-IE, has a digitizing tablet that has been modified to the dimensions of 30" x 38" so as to fit the work surface of the Procom-2 instrument. The Digitizing Module consists of a digitizing tablet, a 16 button cursor, a power supply, a RS-232 cable terminated for IBM PC, XT or AT computers, a menu and a cursor holder. Operating modes include point mode, stream mode, switch stream mode, incremental mode and run mode. The module's accuracy is better than .010". You note in your letter that the module is purchased from Altek Industries, U. S. A., through their distributor in Canada.

The applicable subheading for the Procom-2 and the Stereo Change Detection Module will be 9015.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for photogrammetrical surveying instruments and appliances, other. The rate of duty will be 6 percent ad valorem.

Goods classifiable under subheading 9015.40.8000, HTS, which have originated in the territory of Canada, will be entitled to a 4.2 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for the Roll Film Scan Module will be 9015.90.0040, HTS, which provides for photogrammetrical surveying instruments and appliances, parts and accessories. The rate of duty will be 6 percent ad valorem.

Goods classifiable under subheading 9015.90.0040, HTS, which have originated in the territory of Canada, will be entitled to a 4.2 percent rate of duty under the United-States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for the Digitizing Module, OEM Model HS-241-IE, will be 9017.20.8040, HTS, which provides for other drawing instruments: hand operated input devices which transmit position data to computer processors or displays (digitizers). The rate of duty will be 5.8 percent ad valorem.

Articles which are products of the United States are entitled to duty free treatment under subheading 9801.00.1090, HTS, which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad...other: articles provided for in Chapter 90. The rate of duty will be free upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport